And she won't spend a minute in jail.
On Friday, Effert got a three-year suspended sentence from Justice Joanne Veit of the Alberta Court of Queen’s Bench. As a result, she was able to walk out of court, though she will have to abide by certain conditions.
According to Justice Veit, Canada’s lack of an abortion law indicates that “while many Canadians undoubtedly view abortion as a less than ideal solution to unprotected sex and unwanted pregnancy, they generally understand, accept and sympathize with the onerous demands pregnancy and childbirth exact from mothers, especially mothers without support.”
Under Canada’s Criminal Code, a woman who has not “fully recovered” from the effects of birth can be found guilty of the lesser charge of infanticide. To bring forward the infanticide defense, which carries a maximum sentence of five years, there must be evidence that the woman’s mind was disturbed.
So, the fact that Canada even has a lesser charge of infanticide - in lieu of a law against homicide that carries with it all the affirmative defenses, to include state of mind - means that a "lesser" status of personhood is granted to a newborn infant legally. They are not, I guess, "full" persons deserving protection of the Crown. This leads to a question - when are they? When they are a month old?
This is the Canadian law:
A female person commits infanticide when by a wilful act or omission she causes the death of her newly-born child, if at the time of the act or omission she is not fully recovered from the effects of giving birth to the child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed.
That doesn't answer the question and the "effects of lactation" can be lasting - maybe when Junior develops teeth before his first year and bites down on the nipple, causing Mother to fling him across the room and shatter his head can the charge of infanticide still apply.
Also note: sorry, Dad, infanticide is only open to the ladies due to their plumbing. You better have a better defense if you kill the newborn. What if both Mom and Dad conspire to kill Junior upon his birth? She has a better chance of defense even if both are equally culpable.